Patna High Court
Vinod Mahto @ Binod MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions, finding that the lack of possession and procedural non‑compliance justified release.
Summary
Vinod Mahto was arrested on 22 October 2025 in connection with a special excise case involving the seizure of 40 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that the liquor was not recovered from his conscious possession and that the police failed to comply with Section 103 of the Bihar Non‑Statutory Substitution (BNSS) Act, 2023. The prosecution opposed bail, citing two prior criminal antecedents, though the petitioner was already on bail in those matters. The High Court, noting the lack of possession and the procedural lapse, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedents without delaying the bail.
Issues considered
- Whether bail should be granted in a special excise case where the seized contraband was not found in the accused's possession.
- Whether non‑compliance with Section 103 of the BNSS, 2023, warrants the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude bail despite being on bail in those matters.
Subjects
- bail
- special excise
- illicit liquor
- Section 30(a)
- Section 103 BNSS
- possession
- prior criminal antecedents
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15190 of 2026
Arising Out of PS. Case No.-430 Year-2025 Thana- SAHPUR District- Patna
======================================================
Vinod Mahto @ Binod Mahto Son of Late Rampani Mahto Resident of
Village- Daudpur Bagicha, Ward No. 02, P.S.- Shahpur, District- Patna, State-
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Garg, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr. Ashok Kumar Garg, learned counsel for
the petitioner and Mr. Syed Mojibur Rahman, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.10.2025 in connection with Special Excise Case No. 2214 of
2025 airing out of Shahpur P.S. Case No. 430 of 2025, F.I.R.
dated 21.10.2025 for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Recovery is of 40 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.15190 of 2026(2) dt.10-03-2026
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as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made near Daudpur Embankment. He further submits that
there is non-compliance of Section 103 of the BNSS, 2023. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 22.10.2025.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries two criminal antecedents other
than the present one but fairly submits that the petitioner is on
bail in both the pending matters.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner and there is non-compliance of section 103 of
the BNSS, 2023, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Excise Judge Danapur, Patna in connection
with Special Excise Case No. 2214 of 2025 arising out of
Shahpur P.S. Case No. 430 of 2025, subject to the following
conditions:-
Patna High Court CR. MISC. No.15190 of 2026(2) dt.10-03-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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